McGlohon v. City of Dallas , 210 F. App'x 236 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-2139
DOUGLAS S. MCGLOHON,
Plaintiff - Appellant,
versus
CITY OF DALLAS, Chief of the Dallas Police
Department,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Elizabeth City. James C. Dever III,
District Judge. (2:06-mc-00004-D)
Submitted: December 14, 2006 Decided: December 18, 2006
Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Douglas S. McGlohon, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Douglas S. McGlohon seeks to appeal the district court’s
order denying his application for leave to proceed in forma
pauperis. We dismiss the appeal for lack of jurisdiction because
the notice of appeal was not timely filed.
Parties are accorded thirty days after the entry of the
district court’s final judgment or order to note an appeal, Fed. R.
App. P. 4(a)(1)(A), unless the district court extends the appeal
period under Fed. R. App. P. 4(a)(5), or reopens the appeal period
under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory
and jurisdictional.” Browder v. Dir., Dep’t of Corr., 434 U.S.
257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220,
229 (1960)).
The district court’s order was entered on the docket on
September 6, 2006. The notice of appeal was filed on October 10,
2006. Because McGlohon failed to file a timely notice of appeal or
to obtain an extension or reopening of the appeal period, we deny
leave to proceed in forma pauperis and dismiss the appeal. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
- 2 -